Estate of David Rance Rossiter et al v. Board of County Commissioners of Arapahoe County, Colorado et al

Filing 89

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Kristen L. Mix: Motion Hearing held on 10/9/2009.Granting 79 Defendants' Motion to Compel Deposition Testimony of Michael Hunter; Subpoena previously served on Michael Hunter in California is continued. (Court Reporter FTR - Ellen E. Miller) (mjwcd )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Kristen L. Mix FTR - Reporter Deck - Courtroom C-204 Byron G. Rogers United States Courthouse Date: October 09, 2009 Courtroom Deputy, Ellen E. Miller ______________________________________________________________________________ ESTATE OF DAVID RANCE ROSSITER, by Charles Rossiter and Erin Rossiter as Co-Personal Representatives, CHARLES ROSSITER, as Parent and Co-Personal Representative of the Estate of David Rance Rossiter, and ERIN ROSSITER, as Parent and Co-Personal Representative of the Estate of David Rance Rossiter, Plaintiff(s), v. SHERIFF GRAYSON ROBINSON, in his individual and official capacity, and OFFICER DANIEL JOSEPH MONTANA, JR., in his individual and official capacity, Edward M. Caswall Thomas S. Rice Alfred (Fred) F. Paoli, Jr. Civil Action No.: 08-cv-01661-LTB-KLM

Defendant(s). ______________________________________________________________________________ COURTROOM MINUTES / MINUTE ORDER ______________________________________________________________________________ HEARING: MOTION HEARING Court in Session: 9:40 a.m. Court calls case. Appearances of counsel. Also on the conference call is Michael Hunter, who is appearing pro se. The Court raises Defendants' Motion to Compel Deposition Testimony of Michael Hunter for argument. Argument by Mr. Rice. Statements by Mr. Paoli. Questions addressed to Mr. Hunter by the Court .

It is ORDERED:

Defendants' MOTION TO COMPEL DEPOSITION TESTIMONY OF MICHAEL HUNTER [Docket No. 79, Filed September 25, 2009] is GRANTED. The Court will allow questions to be asked by Defendants and require those questions to be answered by Mr. Hunter regarding Michael Hunter's criminal history and the DUI aspect of the incident which forms the basis for Plaintiff's claims. The Court reminds Mr. Hunter that failure to answer these questions may lead to sanctions. As to the assault charges presently pending against Mr. Hunter regarding an incident that occurred three weeks after the incident at issue in this case, the Court will allow questions relating to that incident to be asked. Mr. Hunter confirms with the Court that he understands he must verbally assert his Fifth Amendment rights if that is how he wishes to respond to questions relating to pending criminal charges. Any challenge to Mr. Hunter's assertion of his Fifth Amendment rights regarding that incident must be addressed after such assertion, pursuant to the Court's discovery dispute procedures.

It is ORDERED:

The Subpoena previously served on Michael Hunter in California is continued. Mr. Hunter is required to appear at a follow-up deposition at the same location and at a date and time agreed upon by those involved.

HEARING CONCLUDED. Court in recess: 10:18 a.m.

Time In Court: 00:38

To order a transcript of this hearing, contact Avery Woods Reporting [phone].